Senatus consultum ultimum on the process for proposed legislation to be put before comitia

From NovaRoma
Jump to: navigation, search

SENATUS CONSULTUM ULTIMUM ON THE PROCESS FOR PROPOSED LEGISLATION TO BE PUT BEFORE COMITIA

I. This Senatus consultum ultimum concerns only the process of the preparation of proposed legislative items, (known also as legislation, laws, leges or plebiscites, these terms being interchangeable herein) to be put before any comitia of Nova Roma and the regulation thereof of that process. It is issued under the constitutional authority of the Senate as the supreme policy-making authority for Nova Roma. It does not affect the process of the business of the comitia in contio, or voting, once an approved item is so presented to a comitia. Any and all Nova Roman proposed legislative items are hereby defined as polices. As such these proposed legislative items fall within the scope of the Senate's constitutional authority as the supreme policy-making authority for Nova Roma, and shall thus be subject to Senate oversight, scrutiny and consent before they shall be put to a comitia. Only upon a comitia assenting to them by vote do they become Nova Roman leges or plebicites.

II. The objective of this Senatus consultum ultimum is to ensure that proposed legislation to be placed before a comitia does not:

A. Compromise, or risk doing so, the corporate standing of Nova Roma B. Conflict with existing leges thereby rendering existing necessary legislation invalid or redundant, or damage the ability of such legislation to function as intended, thereby causing a disruption to Nova Roma's functioning C. Serve only the personal interests and objectives of any magistrate proposing, sponsoring or supporting it D. Promote the interests of a Competing Organization, or members or supporters thereof E. Negate the ability of the Senate to perform its fiduciary role, or serve to create or perpetuate conflict with the Senate G. Conflict with the current "mission and function of Nova Roma", as determined by the Constitution, and by the Senate acting in its constitutional duty as the supreme policy-making authority within Nova Roma.

III. The objective of this Senatus consultum ultimum is also to ensure that proposed legislation to be placed before a comitia is of the highest standard, promotes efficient, effective and consistent governance of Nova Roma, and does not promote, or be likely to generate, significant civil discord within Nova Roma.

IV. An existing lex, or other legislation, at the time of the enactment of this Senatus consultum ultimum, shall not henceforth be superseded, amended or repealed by means of any proposed lex or plebiscite without:

A. The Princeps senatus summoning the Senate into Formal Session in order to obtain the consent of the Senate, for such a proposed legislative change to proceed to the comitia specified, by means of the enactment of a Senatus consultum ultimum that must achieve an extraordinary majority before it can be so enacted. The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.

B. Once summoned into Formal Session the text of the proposed superseding, amending or repealing lex must be presented to the Senate, and any final version of this text that is presented to the Senate at the commencement of the voting period shall not itself be subsequently superseded or amended in any way.

C. If any such change at IV.B is made to the proposed text of the lex after Senate consent has been granted for the lex, then the consent of the Senate shall be deemed to be null and void and any such changed proposed lex shall not be put to a comitia, and should it be so put in defiance of this requirement, it shall be illegal and void, regardless of whether subsequently approved by a vote in a comitia or not. In such cases the failure of a magistrate to comply with IV.B shall constitute CONTEMPT OF THE SENATE as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV. Any other failure by a magistrate to abide by the terms of this Senatus consultum ultimum containing the final Senate approved text shall also constitute CONTEMPT OF THE SENATE.

D. The Senatus consultum ultimum at IV.A shall also specify whether the vote in the comitia concerned to supersede, amend or repeal the lex in question shall have to achieve an extraordinary majority of 2/3s or greater (67% or greater) of the total centuries/tribes, or whether any existing extraordinary majority specified in the lex in question shall be overridden and replaced by a simple majority.

E.

i The Princeps senatus may himself/herself present the text of a proposed lex to the Senate in Formal Session that he/she presides over, for the purpose of seeking Senate approval as per section IV.A above.. The process in respect of this Princeps senatus sponsored proposed lex shall follow the process thereafter at sections IV.A, IV.B, and IV.C above.

ii. Additional to the above requirements at section IV.E.i, the Senatus consultum ultimum issued by the Senate to consent to the lex shall include a direction to the relevant magistrate(s) to summon the comitia specified, and those magistrate(s) must place the proposed lex, unaltered as at section IV.B above, before that comitia for contio and vote. Should such magistrate fail to comply with such a direction this failure shall constitute CONTEMPT OF THE SENATE as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV. If such a magistrate permits any change to the proposed text of the lex, as consented to by the Senate this too shall constitute CONTEMPT OF THE SENATE. Any change that is made to the text of a Senate approved proposed lex, whether voted upon or not, invalidates the consent of the Senate. Any other failure by a magistrate to abide by the terms of this Senatus consultum ultimum shall also constitute CONTEMPT OF THE SENATE.

V. Any magistrate(s) empowered to summon a comitia who wishes to do so for the purpose of presenting to that comtia any proposed new legislation that does not supersede, amend or repeal an existing lex, must first obtain the consent of the Senate to do so using the processes at sections IV.A and IV.B above. Additionally the SCU above issued by the Senate consenting to such proposed legislation may specify whether the proposed lex must contain an extraordinary majority of 2/3s or greater (67% or greater) of the total centuries/tribes in order to supersede, amend or repeal it. The SCU shall specify such a wording of any extraordinary majority as at section IV.D to be inserted into the proposed lex. A failure to insert such wording by the magistrate concerned shall constitute CONTEMPT OF THE SENATE. The conditions of section IV.C also apply in respect of proposed new legislation items under this section.

VI. The Princeps senatus may present the text of a proposed lex to the Senate in Formal Session for the purpose of seeking Senate approval for new legislation as per section V above. The process in respect of this Princeps senatus sponsored proposed lex shall follow the process thereafter at sections IV.A and IV.B as well as section IV..E.ii in respect of the direction to the relevant magistrate(s).The conditions of section IV.C also apply in respect of proposed new legislation items under this section.

VII. In the event a violation under section IV.C occurs and it is clear that the text of a Senate approved proposed lex or plebiscite has been, subsequent to Senate approval, superseded, amended or altered in any way, the Princeps senatus shall inform the Chief Information Officer (CIO) of Nova Roma and the CIO shall immediately deny the use of the cista tools to the magistrate concerned, or shall immediately terminate any existing voting process in progress forthwith. The CIO shall also ensure that any such lex or plebiscite that has violated IV.C shall not be entered into the Nova Roman wiki as a valid lex or plebiscite in force, and if such entry is discovered the CIO shall immediately remove it from the wiki. No comitia shall conduct voting, for whatever reason, other than by means of the Nova Roman cista tools under the control of the CIO, unless authorized by the Senate to do so, and any legislation or proceedings conducted/produced in such an unauthorized voting manner shall be as a result invalid, illegal and forbidden.

VIII.

A. The Nova Roman constitution refers to the "mission and function of Nova Roma". In respect of the term "function", the primary function of Nova Roma is as defined in the preamble to the Nova Roman Constitution. The use of "primary" indicates that the Constitution allows for other functions in a decreasing order of ranked importance.

The term "mission" is not defined within the Constitution, therefore its derived meaning must be ascertained using the process described within the Senatus consultum on derived meaning from legal authorities. The application of that process results in a derived meaning of "a preestablished and often self-imposed objective or purpose".

i. The current secondary function of Nova Roma is therefore declared to be:

The promotion and maintenance of the independence of Nova Roma free from external competitive influences, so defined by the Senate, which may or may not be inimical to Nova Roma and/or its Senate, that if not so promoted and maintained might otherwise lead to prolonged periods of internal civil discord and strife, the occasioning of periods of internal tumult, and ultimately lead to states of internal conflict within Nova Roma that are commonly internally described as periods of "civil war", which in turn would lead to a reduction in the good governance of Nova Roma, and thereby severely imperil and/or curtail the ability of Nova Roma to achieve its primary function.

ii. The current primary "mission" of Nova Roma" is declared to be:

The promotion and maintenance of a framework of protective processes and procedures, that the Senate deems necessary through its considered deliberations, to ensure that the secondary function of Nova Roma is pursued effectively and achieved. The current expression of that primary mission shall be:

Any existing Senatus consultum and Senatus consultum ultimum still in force, and not subsequently superseded or repealed, and which was issued since January 2764, and

Any future Lex, Plebiscite, Senatus consultum ultimum, Decretum, Senatus consultum, or Edictum enacted subsequent to the enactment of this Senatus consultum ultimum, where such is clearly and evidently supportive of the secondary function.

iii. The current secondary "mission" of Nova Roma is declared to be

The fulfillment of the methodology and objectives set forth in the discussion papers listed below, in a manner deemed appropriate by incorporation state law and thereafter in whatever manner is deemed by the Senate to be the most appropriate and practical, which if so fulfilled will lead to the continuous achievement of the primary function:

Nova Roma Reborn ( http://novaroma.org/vici/images/NovaRomaReborn.pdf ) and

Nova Roma Onward ( http://novaroma.org/vici/images/NovaRomaOnward.pdf )

Other than the Constitution and the Senate, no other Nova Roman institution, body, magistrate, official or citizen is permitted to interpret, define, or derive meaning of what is, or what is not, a function(s) and/or mission(s) of Nova Roma.

B. The Senate shall in its deliberations on consenting to a proposed lex or plebiscite under this Senatus consultum ultimum ensure that the contents of such a lex or plebiscite do not conflict with sections VIII.A.i, VIII.A.ii or VIII.A.iii, unless there is an immediate and obvious need to so conflict. In the absence of such an immediate and obvious need, such a conflict shall constitute substantive grounds for the Senate to refuse its consent to the proposed lex or plebiscite. It is incumbent on the Princeps senatus or the magistrate presenting the proposed lex or plebiscite to the Senate to clearly and unequivocally demonstrate to the Senate an actual need for such a lex or plebiscite, regardless of whether a conflict exists or not, and how such a proposed lex or plebiscite is consistent with the current "mission and function of Nova Roma".

C. The definition of the current "mission and function of Nova Roma" as at section VIII.A shall be the only valid and lawful such definition within Nova Roma, and only the Senate acting under its constitutionally granted authority as the supreme policy-making authority for Nova Roma may rescind, alter, supersede, or interpret this definition.

IX. Upon enactment of this Senatus consultum ultimium:

A. The only lawful method of subsequently superseding, amending or repealing this Senatus consultum ultimum must be by way of a Senatus consultum ultimum, that must achieve an extraordinary majority before it can be enacted. Any other method or attempt shall be illegal and forbidden. The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.

B. No other Senatus consultum ultimum shall be enacted where the proposed content of which conflicts, negates, overrides, limits or otherwise affects in a negative manner the contents and/or purposes of all or any part of this Senatus consultum ultimum, whether directly or indirectly other than by the method at specified at section IX.A of this Senatus consultum ultimum.

X. This Senatus consultum ultimum shall terminate on the 31st December 2022, unless it shall be terminated earlier under the process described at section IX.A of this Senatus consultum ultimum.

Personal tools